Jorge Morales v. U.S. Attorney General, No. 12-14627 (11th Cir. 2013)
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Case: 12-14627 Date Filed: 06/04/2013 Page: 1 of 4 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-14627 Non-Argument Calendar ________________________ Agency No. A079-439-100 JORGE MORALES, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (June 4, 2013) Before WILSON, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Jorge Morales, a native and citizen of Peru admitted to the United States on a non-immigrant C-1/D visa, appeals the Board of Immigration Appeals (BIA) Case: 12-14627 Date Filed: 06/04/2013 Page: 2 of 4 order denying his motion for reconsideration of its earlier order affirming the Immigration Judge s (IJ) decision that Morales was statutorily ineligible for cancellation of removal. On appeal, Morales argues that the BIA erred when it determined he was admitted as a crewman and therefore statutorily ineligible for cancellation of removal. He contends that he was not admitted as a crewman because his C-1/D visa was fraudulent. I. We review the BIA s denial of a motion to reconsider for abuse of discretion. Assa ad v. U.S. Att y Gen., 332 F.3d 1321, 1341 (11th Cir. 2003). One way the BIA abuses its discretion is if it reaches its decision in an arbitrary or irrational manner. Gomez-Gomez v. INS, 681 F.2d 1347, 1349 (11th Cir. 1982). Generally, this Court lacks jurisdiction to review discretionary determinations regarding applications of cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B) (2006); Jimenez-Galicia v. U.S. Att y Gen., 690 F.3d 1207, 1209 (11th Cir. 2012). However, we have jurisdiction over questions of law that arise from the denial of an application for cancellation of removal. See 8 U.S.C. § 1252(a)(2)(D); Jimenez-Galicia, 690 F.3d at 1209. We review questions of law de novo. De Sandoval v. U.S. Att y Gen., 440 F.3d 1276, 1278 (11th Cir. 2006). We will defer to the BIA s interpretation of a 2 Case: 12-14627 Date Filed: 06/04/2013 Page: 3 of 4 statute if it is reasonable and does not contradict the clear intent of Congress. Quinchia v. U.S. Att y Gen., 552 F.3d 1255, 1258 (11th Cir. 2008). II. Morales was working at a restaurant in Peru when he was given a letter, apparently offering employment on a cruise ship. He took the letter to the United States Embassy in Peru and applied for a C-1/D visa to enter as a crewman. He was issued the visa and entered the United States on the C-1/D visa. What happened once Morales entered the United States is not entirely clear. What we do know is that Morales entered on a C-1/D visa and has continuously maintained that the purpose of his trip to the United States was to work on a ship. We also know that Morales s visa was subsequently revoked after the U.S. State Department determined that the letter of cruise ship employment was fraudulent. An alien who entered the United States as a crewman subsequent to June 30, 1964[,] is not eligible for cancellation of removal. 8 U.S.C. § 1229b(c)(1) (2006). When determining whether an alien qualifies as a crewman, the BIA examines the alien s visa and the circumstances surrounding his entry into the United States. Matter of G-D-M-, 25 I. & N. Dec. 82, 85 (BIA 2009). If an alien was issued a visa as a crewman and entered the United States in pursuit of his occupation as a seaman, then he is to be regarded as an alien crewman. Id. As this Court has explained, the focal issue is whether [the] petitioner entered the 3 Case: 12-14627 Date Filed: 06/04/2013 Page: 4 of 4 United States in pursuit of his calling as a seaman. Parzagonis v. INS, 747 F.2d 1389, 1390 (11th Cir. 1984). Morales s visa application, C-1/D visa, and statements to immigration officials at his arrival and during these proceedings indicating that he came to the United States to work on a ship, support the conclusion that he entered the United States in pursuit of his calling as a seaman. See Parzagonis, 747 F.2d at 1390. Even though it was later determined that his visa was fraudulently obtained, that does not change the fact that he was issued a visa as a crewman and entered the United States in pursuit of his occupation as a seaman. See Matter of G-D-M-, 25 I & N Dec. at 85. By choosing to seek entry to the United States as a crewman, [Morales] agreed to the limitations associated with that status. Id. at 84. Therefore, Morales was not eligible for cancellation of removal. 8 U.S.C. § 1229b(c)(1). Based on foregoing circumstances, the BIA did not abuse its discretion in denying Morales s motion for reconsideration. Accordingly, we deny Morales s petition for review. Petition Denied. 4
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